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MATTER OF HORTON v. McARDLE & CASAZZA

53 N.Y.2d 808 (1981)

In the Matter of Edward Horton, Claimant, v. McArdle & Casazza et al., Respondents. Workers' Compensation Board, Appellant.

Court of Appeals of the State of New York.

Decided April 28, 1981.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Henriette Frieder, Shirley Adelson Siegel, Howard B. Friedland and Theresa E. Wolinski of counsel), for appellant.

George Cholet and Patrick E. Harnedy for Special Fund for Reopened Cases, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Claimant, who sustained a disability as a result of two contributing causes, both of which are compensable, seeks workers' compensation benefits. The first injury occurred on April 11, 1968 and, though payments were made for a time due to this injury, the case eventually was closed. The claimant was injured again in 1977 with this injury...

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